2 R.I. Families File Wrongful Death Suit

Published 7:00 pm, Monday, March 3, 2003

Relatives of two people killed in the Rhode Island nightclub fire sued the band Great White and the club's owners Tuesday in what is believed to be the first lawsuit filed over the deadly blaze.

The wrongful death suit was filed in Superior Court by the families of Tina Ayer, 33, of Warwick and Donald Rodriques, 46, of Fall River, Mass.

The lawsuit does not specify the amount of money being sought. But Brian Cunha, an attorney who represents the relatives, said he would seek at least $1 million for each of the two families.

Cunha said he believed it was the first lawsuit filed since the Feb. 20 fire at the West Warwick club killed 98 people and injured more than 180.

"It's in my clients' best interest to file as soon as possible in this case," Cunha said. "I've got several young children who lost their breadwinners, and clearly there are insufficient funds to compensate everyone."

Investigators believe Great White's pyrotechnics ignited polyurethane foam used for soundproofing, causing the fast-moving fire. The band has said it had permission to use the special effects, a claim denied by the club.

Attorneys for club co-owners Jeffrey and Michael Derderian did not return calls. They have said the two brothers had no idea the foam was dangerous when it was installed after neighbors complained about noise.

The suit accuses the Derderians of negligently failing to obtain a license for pyrotechnics or install safe soundproofing material. It also says the town failed to note the presence of soundproofing during fire inspections and that the band was negligent for igniting the pyrotechnics.

Other defendants named in the lawsuit include West Warwick Fire Inspector Denis Larocque and American Foam Corp., the company where the club bought soundproofing. West Warwick Town Manager Wolfgang Bauer declined comment.

State Rep. Tim Williamson, who is also the town solicitor for West Warwick, called the lawsuits premature because investigations are not complete.

"It seems the attorneys are being opportunistic," he said. "It doesn't put these attorneys' clients in any better position by filing first."